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PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. WINSTON BANNER, DEFENDANT-APPELLANT.

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

By failing to move to withdraw his plea of guilty or to vacate the judgment of conviction, defendant failed to preserve for our review his contention that he was coerced into pleading guilty ( see, People v. Nixon, 278 A.D.2d 941, lv denied 96 N.Y.2d 786). In any event, defendant's contention is without merit.

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PEOPLE v. BANNER
(Feb 1, 2002)